| People v Fields |
| 2019 NY Slip Op 08860 [178 AD3d 847] |
| December 11, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v John Fields, Appellant. |
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant, and appellantpro se.
Timothy D. Sini, District Attorney, Riverhead, NY (Michael J. Brennan, Grazia DiVincenzo,and Guy Arcidiacono of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (MartinEfman, J.), rendered June 8, 2017, convicting him of attempted criminal possession of a weaponin the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Although the defendant's challenge to the voluntariness of his plea of guilty survives hisvalid waiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Kovalsky, 166 AD3d 900[2018]; People v Miller, 166 AD3d812 [2018]), his contentions are unpreserved for appellate review, since he did not move towithdraw his plea or otherwise raise those contentions before the Supreme Court (seeCPL 470.05 [2]; People v Kovalsky, 166 AD3d at 901; People v Miller, 166AD3d at 813; People v McClenic,155 AD3d 1064 [2017]). In any event, his contentions are without merit (see People v Peque, 22 NY3d 168,184-185 [2013]; People v Nixon, 21 NY2d 338, 356 [1967]).
The defendant's contention, raised in his pro se supplemental brief, that his attorney renderedineffective assistance of counsel during the suppression hearing is not properly before this Court,since, by pleading guilty, the defendant forfeited appellate review of his claims of ineffectiveassistance of counsel that did not directly involve the plea negotiation process and sentence (see People v David, 163 AD3d846 [2018]; People v Donovan,133 AD3d 615 [2015]; People vWilliams, 129 AD3d 1000 [2015]). Balkin, J.P., Cohen, Miller and LaSalle, JJ.,concur.